[Added 3-8-2006 by Ord. No. 2006]
A.
A general development plan is a comprehensive plan
for the development of a planned development as set forth herein and
in N.J.S.A. 40:55D-45.1 and 45.2.
B.
A development proposal that meets the foregoing definition and the criteria set forth in the former § 215-139, now § 185-27, may submit an application for general development plan approval to the Planning Board. The general development plan shall set forth the types of uses proposed, the approximate amount of floor space proposed for each, the number of residential units permitted and proposed and, in the case of planned commercial developments, the floor area ratio for the planned development in its entirety, all according to a schedule which sets forth the timing of the various sections of the development. In addition, depending upon the nature and scope of the planned development, the Board may require the applicant to submit an environmental impact statement plus any or all of the following plans as those plans are described and defined in N.J.S.A. 40:55D-45.2:
The minimum land area required for the submittal
of a general development plan application shall be 100 acres.
The applicant shall submit an application and
associated documentation to the Board Secretary at least 30 days prior
to a regularly scheduled meeting.
The Board Engineer, Planner, and other professional staff shall review all aspects of the application and shall recommend to the Board which of the plans enumerated in § 215-138 should be submitted by the applicant.
The Board or its designee shall determine the
completeness of the application in accordance with the checklist adopted
by Ordinance No. 1990-7. No application shall be scheduled for a public
hearing unless it is determined to be complete.
If the application is found to conform to the definition of a general development plan and is determined to be complete, the Board or its designee shall set a time and date for a public hearing and shall so advise the applicant. The Board may delegate the setting of the time and date for public notice and hearing to the Board Secretary. Public notice shall be given in accordance with the Municipal Land Use Law and Chapter 18, Land Use Procedures, § 18-29, of the Code of the Township of Springfield. All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing.
If during the hearing on the submission the
Board requires any substantial amendment in the layout of the tract
or its improvements, as proposed by the applicant, that has been the
subject of said hearing, an amended application shall be submitted
and acted upon as an original submission.
Any and all lands contemplated for development
under the provisions of the general development plan shall be included
in the application.
A.
The Board shall grant, grant with conditions, or deny
the application for general development plan approval within 95 days
of the date of the determination that a complete application has been
submitted or within such time as may be consented to by the applicant.
Upon failure of the Board to act within the aforementioned time periods,
the Board shall be deemed to have granted general development approval
to the plan.
B.
Findings for planned developments. Prior to the approval
by written resolution of a general development plan for the initial
approval of a planned development, the Planning Board shall make the
following findings of fact and conclusions of law:
(1)
That departures by the proposed development from zoning
regulations otherwise applicable to the subject property conform to
zoning ordinance standards adopted pursuant to N.J.S.A. 40:55D-65c
of the Municipal Land Use Law;
(2)
That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate;
(3)
That provisions, through the physical design of the
proposed planned development for public services, control over vehicular
and pedestrian traffic, and the amenities of light and air and visual
enjoyment are adequate;
(4)
That the proposed planned development shall not have
an unreasonably adverse impact upon the area in which it is proposed
to be established;
(5)
In the case of a proposed planned development which
contemplates construction over a period of years, that the terms and
conditions intended to protect the interests of the public and the
occupants, and owners of the proposed development in the total completion
of the development are adequate.
C.
Contents of resolution. The decision and resolution
of the Board shall be in writing and shall include not only conclusions,
but findings of fact related to the specific proposal. The resolution
shall set forth the reasons for the grant, with or without conditions,
or for the denial; and shall state in what respects the plan would
or would not be in the public interest, including but not limited
to findings of fact and conclusions on the following:
(1)
Whether the plan is in general conformity with the
land use plan element of the Master Plan.
(2)
In what respects the plan is or is not consistent with the statement of objectives for planned unit developments as set forth in § 215-40.
(3)
The extent to which the plan departs from zoning,
site plan and/or subdivision regulations otherwise applicable to the
subject property, including but not limited to density, bulk and use,
and the reason why such departures are or are not deemed to be in
the public interest.
(4)
The purpose, location and amount of the common open
space, the reliability of the proposals for maintenance and conservation
of the common open space, and the adequacy or inadequacy of the amount
and purpose of the common open space as related to the proposed density
and type of development.
(5)
The physical design of the plan and the manner in
which said design does or does not make adequate provisions for public
services, provide adequate control over vehicular and pedestrian traffic
and provide adequate light, air, landscaping, and visual enjoyment.
(6)
The relationship, beneficial or adverse, of the proposed
planned development to the neighboring area in which it is proposed
to be established.
(7)
In the case of a plan that proposes development over
a period of five or more years, the sufficiency of the terms and conditions
intended to protect the interests of the public and of the users and
owners of the planned development in the integrity of the plan, including
the performance guarantees.
D.
Conditions of general development plan approval. The
Board may condition approval on terms ensuring the applicant’s
compliance with this article.
(1)
The Board may grant approval subject to conditions
which it deems necessary to protect the interests of the general public
and the occupants and users of the planned development. Such conditions
may include, but are not limited to, the sequence and distribution
of uses and densities, limitations of land areas to be developed within
a given period, or provision of physical means to address critical
or unique environmental conditions. Such conditions shall be predicated
on the following criteria:
(a)
That each stage of a planned development shall
contain, within reasonable limits, a balance of commercial uses, open
space, and public facilities to assure that the planned development
is a viable self-sustaining unit at any given stage in its growth.
(b)
That each stage of development shall include
required open space and public facilities in proportion to that part
of the total development that are to be developed in that stage.
(c)
That the size and timing of successive stages
of a planned development shall be conditioned upon the availability
and provision of off-tract improvements which must be provided or
expanded as a result of the development of the planned development.
(d)
Any other reasonable condition based on the
nature, scope and timing of the development.
E.
The Planning Board, as part of its resolution, shall
specify the drawings and specifications approved, and the form of
performance and maintenance guarantees that shall accompany subsequent
applications for site plan or subdivision approval. In addition, the
resolution shall state whether a “municipal development agreement”
pursuant to N.J.S.A. 40:55D-45.2.l shall also be required.
F.
Whenever the review and approval of any outside agency
or agencies is required, the Board shall condition any approval on
the timely receipt of favorable action on the application by those
agencies.
A.
The terms and conditions of general development plan
approval shall not be modified, revoked or otherwise impaired by action
of the Township without the consent of the applicant for a period
of years to be determined by the Planning Board in light of the following
factors:
(1)
The square feet of nonresidential floor area permissible
under the general development plan approval;
(2)
Prevailing economic conditions;
(3)
The timing schedule to be followed in completing the
development and the likelihood of its fulfillment;
(4)
The developer’s capability of completing the
development;
(5)
The contents of the general development plan; and
(6)
Any conditions which the Board has attached to the
approval.
B.
In the event the developer has not applied for preliminary
approval of a section or sections of an approved general development
plan within five years of the date of the grant of general development
approval, such approval may be terminated by the Planning Board upon
written notice to the applicant.
C.
If a developer does not complete any section of the
development within eight months of the date provided for in the approved
plan, or if at any time the Township has cause to believe that the
developer is not fulfilling his obligations pursuant to the approved
plan and/or “municipal development agreement,” the Township
shall notify the developer, by certified mail, and the developer shall
have 10 days within which to give evidence that he is fulfilling his
obligations. The Township shall then conduct a hearing to determine
whether or not the developer is in breach of his agreement or the
terms and conditions of his approval. If the hearing leads the Township
to find good cause to terminate the approval, it shall provide notice
of same to the developer. General development plan approval shall
be terminated 30 days thereafter.
D.
The Planning Board may extend the rights conferred
by the grant of general development plan approval but not longer than
20 years from the date when the developer receives final approval
of the first section of the planned development.
E.
The applicant may petition and the Planning Board
may grant a modification of the proposed timing schedule. In deciding
whether or not to grant approval of the modification the Board must
take the following into consideration:
(1)
The anticipated and actual needs for commercial space
within the municipality and the region;
(2)
The availability and capacity of public facilities
needed to accommodate the proposed development; and
(3)
The prevailing economic and market conditions; provided
however, that, if the Township’s design standards have been
revised, such revised standards shall govern.
F.
Once a general development plan has been approved
by the Planning Board the developer may not vary the location of land
uses within the planned development or increase the floor area ratio
of commercial development in any section of the planned development
without the prior approval of the Planning Board, except that a developer
may, without Board approval, reduce the amount of commercial floor
space and/or the commercial floor area ratio by no more than 15%.
Upon the granting of general development plan
approval by the Board, copies of the approved documents, including
the resolution of approval, shall be sent to:
